Code of Canon Law
The Code of Canon Law is the legal code of the Council of Bishops. It deals purely with spiritual and ecclesial matters and holds no civil weight. The Code of Canon law may only be amended by the Council of Bishops (in accordance with Canon 45.3.1). WORK IN PROGRESS Laws and Ordinances Can. 1. All laws are binding once they have been promulgated by the ordinary. Can. 2. Universal laws are published with commentaries from the holy office of Inquisitors. Particular laws are promulgated for a group and do not require commentaries. Can. 3. That which is customary to a given society or community, if not against the prescriptions of the Light's natural law, hold the force of particular law for that society. Can. 4. Executive decree cannot override the prescriptions of laws particular or universal. Ecclesiastical Societies Can. 5 §1. The ordinary may allow for the establishment of Orders and Colleges if the establishment of such societies are to the greater benefit of the faithful. §2. The proposed superior must prepare a preliminary charter for approval by the ordinary. He must have the support of four other individuals. Can. 6. It is the duty of the society to prepare a system of governing which requires the approval of the Ordinary. Can. 7. The code provides that each society be granted at least one Inquisitor to interpret and define law. Can. 8. §1. Members of both the clergy and the laity are granted the right to establish Confraternities with the approval of any Ecclesiastical body. §2. These similarly require the preparing of a charter to be approved by the Inquisitor of the Ecclesiastical body responsible for the confraternities' establishment. Can. 9. §1. Ordinaries may establish parishes within their own diocese. §2. Each parish requires the assignment of a pastor. A pastor may serve multiple parishes. §3. A parish is given a geographical boundary. All who live within the boundary are the responsibility of the pastor. Those Admitted to Orders Can. 10. §1. The ordinary may select individuals of the laity for the responsibility of orders. §2. Those admitted to orders must be educated in: #Philosophy of Quomas Athinas #Luxology of Columban Blackmoore #Canon of Scripture #Liturgy §3. Aspirants to the Paladinhood must also study the Code of the Silver Hand. §4. Candidates must be questioned by the Ordinary or his deputy regarding each section. §5. Candidates must not be fugitives of the state and must be of good moral character. Marriage and Divorce Can. 11. §1. Those wishing to marry must request the permission of the a member of the priesthood. §2. It is the duty of the priest to ensure that both members of the proposed marriage are freely entering into this union. §3. A priest is not permitted to marry two individuals when at least one is a #professed heretic, or #schismatic, or #excommunicated. §4. It is the duty of the priest to provide marriage preparation to the individuals. §5. One witness, apart from the priest and the two individuals, must be present. Can. 12. §1. A couple which is either divorced or seeking divorce is not recognized by the church as separated until the Holy Office of Inquisitors declares the marriage invalid (Annulment). §2. A marriage is invalid if any of the following apply: #One or both parties did not have freedom of choice at the time of consent, or #One or both parties did not have knowledge of or proper mental capabilities to understand marriage at the time of consent, or #The marriage was not consummated, or #An ecclesiastical certificate of marriage signed by the ecclesiastical witness was not issued. §3. It is the duty of the inquisitor to interpret the quality of the marriage in relation to the above categories. §4. A priest may not permit an individual to marriage whose previous marriage has not been declared invalid. Can. 13. §1. It is the duty of the Holy Office to issue a marriage license. §2. Marriages without licenses on file cannot be considered valid and do not require an annulment to be declared invalid. Can. 14. It is the duty of the parents to see to the support and education of children. Can. 15. In the event of divorce, the Church does not hold itself responsible for deciding matters of child custody. Ecclesiastical Courts Can. 16. §1. There exists within the Church the Inquisitor's court. It is the duty of the court to interpret the code, solve disputes, and handle all matters of law. §2. The Inquisitor's court is divided into two sections: #The Local Tribunal which is proper to each diocese and headed by the diocesan Judicial Vicar #The High Tribunal which is headed by the prefect of the Congregation of the Inquisition Can. 17. The ordinary appoints judges to the Court. The candidates ought be educated duly in the code. Can. 18. Judges must be of good moral standing and devout members of the faithful. They ought to make all judgements through prayer. Can. 19. The Inquisitor may seek the support of other members of the clergy and duly educated laity if it would prevent a formal trial or a prolonged case Can. 20. A formal trial must be held for the following cases: #Removal of ecclesiastical office #Disputations on validity of anointing/ordination Can. 21. A formal trial may be held for the following cases: #Difficulty in deciding validity of marriage #Disputation of an executive order #Disputation of an inquisitor's judgement #Excommunication Can. 22. §1. The judgement of the Local Tribunal may be appealed to the High Tribunal presided by a member of the college of bishops. §2. The judgement of the High Tribunal is binding. Can. 23. §1. Any individual directly related to the case may make an appeal. §2. Individuals indirectly related to the case may make an appeal with Episcopal approval. Can. 24. The ordinary appoints the judge of a trial. Can. 25. It is the duty of the ordinary to ensure that the trial is performed lawfully. Penalties and Punishments Can. 26. An excommunicated person is forbidden: #from any ministerial participation in the Church #from the exercise ecclesiastical offices Can. 27. Suspension, which only affects clerics, prohibits: #all privilege of orders #the exercise of ecclesiastical offices Can. 28. Suspension never affects the right of the individual to the residency his office grants. Can. 29. Dismissal from the clerical state removes all rights and privileges of ecclesiastical office including right of residence. Can. 30. An ordinary must provide a warning or rebuke before imposing a penalty. Can. 31. §1. A penance is an act of piety or charity. §2. A public penance is never imposed for occult transgressions. §3. According to his own prudent judgement, the ordinary may add penances to a warning or rebuke. Can. 32. Whenever the offender has committed derelict out of imperfect reason either though some mental condition or an external power, the judge may pardon punishment if the offender may be reformed. Can. 33. §1. Without prejudice, an apostate from the faith, a heretic, or a schismatic incurs an excommunication, §2. in addition a cleric may be punished through Can. 29. §3. A contumacy of long duration or if the gravity of scandal demands it, other penalties can be added, including dismissal from the clerical state. Can. 34. A person guilty of prohibited participation in non-sacred rites is to be punished with a just penalty. Can. 35. §1. A person who throws away, takes or retains a holy object for sacrilegious purposes incurs excommunication. §2. A persons who sells a sacred object receives a harsh penalty. Can. 36. A person who commits perjury while asserting or promising something before ecclesiastical authority is to be punished with a just penalty. Can. 37. A person who in a public show or speech, in published writing, or in other uses of the instruments of social communication utters blasphemy, gravely injures good morals, expresses insults, or excites hatred or contempt against religion or the Church is to be punished with a just penalty. Can. 38. §1. The person who attacks a cleric shall receive a just punishment. §2. A cleric who does so shall receive a suspension. Can. 39. §1. The person who sells an ecclesiastical office is to receive a harsh punishment. §2. The person who receives an ecclesiastical office through simony shall receive a harsh punishment and be permanently dismissed from the clerical state. Can. 40. A person who kidnaps, detains, mutilates, or gravely wounds a person by force or fraud is to be punished according to the gravity of the derelict. Can. 41. §1. A person who is guilty of homicide is punished gravely. §2. If he is a cleric, he is dismissed from the clerical state. The civil authorities are also notified The Hierarchy Can. 42. §1. There is first, the Archbishop. §2. The Archbishop is duly elected if #he or she receives a unanimous vote of the bishops, or #if after ten consecutive votes no victor is decided upon the bishops vote by a two-thirds majority to allow a victor to gain only three-fourths of the needed votes and the candidate receives such votes. §3. The Archbishop is granted authority to #appoint bishops to the council, ecclesiastical offices, or dioceses, #remove bishops from office and/or the clerical state, #establish dioceses or vicarates, #establish congregations or commissions within the Council of Bishops, #excommunicate, #appoint abbots to religious orders, #fulfill any task proper to that of a bishop, save those which provide checks to the Archbishop. §4. The Archbishop's term lasts until he #is deceased, or #publicly renounces his throne, or #is unanimously voted against by the members of the Council of Bishops. Can. 43. §1. The Archbishop shall appoint a bishop to the office of Vicar General. §2. The Vicar General is granted authority to #serve as supreme spiritual head of the Church, under the Archbishop, #stand as a voting member of the Council of Bishops, #install bishops in their offices or dioceses, #employ the rights of the Archbishop in his absence, #fulfill any task proper to that of a bishop. §3. Furthermore, the Vicar General shall call for an election in the event of the death, renunciation, or removal from office of the Archbishop. Can. 44. §1. The Archbishop shall appoint a Lord Chancellor of the Church. §2. The Lord Chancellor of the Church shall be responsible for #serving as the supreme temporal authority of the Church, under the Archbishop, #maintaining public relations between the Archbishop as ecclesiastical and civil dignitaries, #publishing written decrees of the actions of the Archbishop. Can. 45. §1. There is also the Council of Bishops composed of all bishops save those who, by Archepiscopal mandate, have been removed from the Council yet retain their ecclesiastical status. §2. A Bishop is granted the authority to #administrate in total the diocese of ecclesiastical office granted to them by the Archbishop, #vote in council proceedings, #ordain priests, #consecrate paladins, #ordain bishops by Archepiscopal mandate, #establish orders, colleges, and confraternities. §3. Furthermore, the Council of Bishops is granted authority to #vote by two-thirds majority on proposed legislation, #appoint new bishops by unanimous vote, #accept petitions for prior-ship by unanimous vote, #excommunicate by two-thirds majority, #nullify an action of the Archbishop by three-fourths majority, #remove the Archbishop from office by unanimous vote. §4. The bishops are divided further by right #Diocesan bishops administer to the souls within a proper diocese, #Suffragan bishops administer to the souls within a suffragan diocese under the guidance of their diocesan bishop, #Auxiliary bishops assist diocesan or suffragan bishops in administering to the souls within their diocese or suffragan diocese. §5. Bishops must be ordained priests. Can. 46. §1. Abbots are appointed the ordinary of religious orders by the Archbishop. §2. Abbots are granted the rights and privileges of bishops within their proper orders. §3. Abbots are granted status as priors on the Council of Bishops. §4. Abbots must be avowed monks. Can. 47. §1. Priors are appointed to the Council by the voting members. §2. Priors are granted the right to #speak at general assemblies of the Council of Bishops, #serve as prefects of Congregations, #represent their order, college, or confraternity on the Council of Bishops. §3. Priors must be either ordained priests, consecrated paladins, or avowed monks. Can. 48. §1. Congregational Prefects are appointed by the Archbishop to govern the operations of their proper Congregations. §2. Prefects may appoint priests, paladins, monks, or educated members of the lay faithful to serve as experts on their congregation. §3. The Prefect of the Congregation of the Inquisition must appoint a High Inquisitor and may appoint other assisting inquisitors. Can. 49. Pastors of souls are appointed by their local ordinary and are granted govering authority of their parish as well as the responsibility for the care of souls within their parish boundaries. Category:Church Library